South Africa Case Law

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23)

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23) [2025] ZALCJHB 334 (29 July 2025)

Court

Labour Court Johannesburg

Case number

J1677/23

Judge

Mafa-Chali

The court found that the applicant failed to demonstrate a clear right to the salary claimed, as he did not provide evidence of rendering services during the relevant periods and was absent without leave according to attendance registers. The deductions and withholding of salary were made in accordance with departmental circulars and statutory provisions governing unpaid leave and absence. The applicant did not exhaust internal remedies, such as lodging a grievance regarding salary deductions, and alternative remedies under the Labour Relations Act and Basic Conditions of Employment Act were…

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• Mandamus
• Declaratory Order
• Salary Withholding
• Unpaid Leave
• Disciplinary Procedure
• Audi Alteram Partem

Nkwali v Transnet National Ports Authority and Others (C10/2020)

Nkwali v Transnet National Ports Authority and Others (C10/2020) [2025] ZALCCT 52 (9 July 2025)

Court

Labour Court Cape Town

Case number

C10/2020

Judge

Tlhotlhalemaje

Review of an arbitration award upholding dismissal for procurement, safety, PFMA, and ethics breaches was dismissed as the court found the process fair and the sanction reasonable.

• Unfair Dismissal
• Public Finance Management Act
• Disciplinary Procedure
• Delegation Of Authority
• Conflict Of Interest
• Procurement Irregularities

Fihlani v Port St Johns Local Municipality and Others (1046/2025)

Fihlani v Port St Johns Local Municipality and Others (1046/2025) [2025] ZAECMHC 66 (8 July 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1046/2025

Judge

M.S. Jolwana

The High Court held that the municipality unlawfully extended a municipal manager’s precautionary suspension and dismissed its constitutional challenge to the regulation.

• Precautionary Suspension
• Disciplinary Procedure
• Constitutional Validity
• Local Government Autonomy
• Procedural Fairness
• Employment Contract Interpretation

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022)

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)

Court

Labour Court Cape Town

Case number

C610/2022

Judge

C de Kock

Review dismissed: the Labour Court upheld a CCMA award finding Lombard’s dismissal for sexual harassment substantively fair.

• Unfair Dismissal
• Sexual Harassment
• Arbitration Review
• Reasonableness Standard
• Disciplinary Procedure
• Labour-law

POPCRU obo Moodley v National Commissioner of SAPS NO (2025/079210)

POPCRU obo Moodley v National Commissioner of SAPS NO (2025/079210) [2025] ZALCJHB 257 (27 June 2025)

Court

Labour Court Johannesburg

Case number

2025/079210

Judge

Daniels

The court found that the respondents unlawfully dismissed the applicant by failing to follow the prescribed disciplinary procedures under the SAPS Discipline Regulations. The Fitness Board of Inquiry was not intended to address misconduct such as absence without permission, which must be dealt with through a disciplinary hearing. The applicant was deprived of procedural protections, and the respondents breached his employment contract. The applicant established a prima facie right to relief, irreparable harm due to loss of medical aid and income, and the balance of convenience favored grantin…

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• Unlawful Dismissal
• Specific Performance
• Urgent Interdict
• Disciplinary Procedure
• Breach Of Employment Contract

Merafong City Local Municipality v SAMWU obo Speek and Others (JR599/21)

Merafong City Local Municipality v SAMWU obo Speek and Others (JR599/21) [2025] ZALCJHB 291 (24 June 2025)

Court

Labour Court Johannesburg

Case number

JR599/21

Judge

Phehane

The Labour Court set aside an arbitration award, holding that a municipal cashier’s dismissal for taking and withholding R1,220 was substantively fair.

• Unfair Dismissal
• Breach Of Trust
• Municipal Staff Conduct
• Disciplinary Procedure
• Arbitration Review
• Unfair-dismissal

Forbay and Others v University of South Africa (J493819)

Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)

Court

Labour Court Johannesburg

Case number

J493819

Judge

Mahosi

The Labour Court dismissed a discrimination claim by four UNISA managers, finding no proof of race or gender-based harassment, victimisation, or unfair treatment.

• Employment Equity Act
• Unfair Discrimination
• Harassment
• Burden Of Proof
• Performance Appraisal
• Disciplinary Procedure

Molefe and Another v Unitrans Passenger (JS78/22)

Molefe and Another v Unitrans Passenger (JS78/22) [2025] ZALCJHB 326 (12 June 2025)

Court

Labour Court Johannesburg

Case number

JS78/22

Judge

H Schensema

The Labour Court dismissed a 16-month-late condonation application for filing a statement of claim, finding the explanation incomplete and the delay excessive.

• Condonation
• Unfair Dismissal
• Disciplinary Procedure
• Expeditious Resolution
• Legal Representative Negligence
• Labour-law

Mediclinic Nelspruit (Pty) Ltd v Shiba and Others (JR1899/21)

Mediclinic Nelspruit (Pty) Ltd v Shiba and Others (JR1899/21) [2025] ZALCJHB 218 (9 June 2025)

Court

Labour Court Johannesburg

Case number

JR1899/21

Judge

N.I. Zwane

The court found that the commissioner committed a gross irregularity by failing to properly assess the evidence regarding Shiba's defiance of workplace directives and the protection order. The evidence demonstrated that Shiba's interactions with Nyakane were personal and unwelcome, not work-related, and persisted despite clear instructions to cease contact. The commissioner misapprehended the material facts and failed to appreciate the seriousness of Shiba's conduct, resulting in an unreasonable award. The court held that both the procedural and substantive fairness findings were incorrect, a…

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• Unfair Dismissal
• Harassment
• Disciplinary Procedure
• Review Of Arbitration Award

Bonakele v Department of Health (CA17-2024)

Bonakele v Department of Health (CA17-2024) [2025] ZALAC 34 (4 June 2025)

Court

Labour Appeal Court

Case number

CA17/2024

Judges

Savage, Waglay, Musi

The Labour Appeal Court found that the respondent was aware of the appellant's whereabouts and reasons for absence, and had elected to bar her entry to the workplace and pursue disciplinary action rather than invoke deemed dismissal under section 17(3)(a)(i) of the Public Service Act. The respondent's subsequent reliance on deemed dismissal was an afterthought and not supported by the facts. The appellant was effectively suspended from duty from 14 February 2023, and the requirements for deemed dismissal were not met. The Labour Court committed a material misdirection in refusing declaratory…

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• Deemed Dismissal
• Public Service Act
• Absence Without Leave
• Disciplinary Procedure
• Reinstatement
• Compensation